SHAHEJUL HUSSAIN SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Are the wards of retired teachers belonging to any level from the Primary to the Secondary stage of education in the State of Assam entitled to be accommodated on appointment against the quota of vacancies reserved for them without facing a selection for assessment of merit is the question raised in the present bunch of appeals. The learned Single Judge in the impugned judgment and order has answered in the negative.

(2.) We have heard Mr. J. Ahmed, learned Counsel for the appellants and Mr. S. Munir, learned Standing Counsel, Education Department for the respondents.

(3.) As the appeals bear a common question, dilation on individual facts is not called for. Suffice it to mention that the appellants are the wards of retired Assistant Teachers/ Head Masters of Lower Primary and Middle English Schools of the State. Following their superannuation, the appellants applied for their appointments against the reserved quota of vacancies ear marked for them in terms of the extant policy of the Government. After a fruitless wait for a considerable length of time, the appellants/writ petitioners approached this Court seeking redress, their contention being that the policy of the Government notwithstanding providing for their appointment against the quota of vacancies reserved for them, the respondent authorities have failed to provide them therewith without any justification thus calling for issuance of a writ of mandamus to the said effect.